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Editorials/Opinions Analysis For UPSC 20 January 2025

  1. A surge in radical governments, the hope of democracy
  2. Recasting insolvency resolution


Context : Global Legitimisation of Radical Groups

  • Radical groups like the Taliban and Hayat Tahrir Al-Sham (HTS) gain legitimacy once in power.
    • International actors have shifted from treating such groups as “enemies of democracy” to engaging diplomatically after their ascension to power.

Relevance : GS 2(International Relations)

Practice Question : Critically analyze the implications of legitimizing radical governments for global stability and Indias regional security. (250 words)

Taliban Takeover (Afghanistan, 2021):

  • After seizing power in August 2021, the Taliban received conditional global recognition.
    • UNSC Resolution 2593 emphasized preventing Afghanistan from being a base for terrorism, with India’s significant role.
    • However, promises of inclusivity and women’s rights were largely ignored.

HTS Takeover (Syria, 2024):

  • Ahmed al-Jolani’s HTS, previously tied to al-Qaeda, toppled Bashar al-Assad.
    • The U.S. removed al-Jolani from its bounty list, signaling political expediency.

Bangladesh Crisis (2024):

  • Military-backed interim government under Muhammad Yunus replaced Sheikh Hasina’s elected government.
    • Radical groups such as Jamaat-e-Islami, Ansarullah Bangla Team, and Hefazat-e-Islam exploited the unrest.
    • Anti-India rhetoric and minority attacks pose national security concerns for India.

Indias Role and Challenges:

  • India played a pivotal role in stabilizing Bangladesh post-2008 elections.
    • Current challenges include countering radicalization while maintaining strong bilateral ties.

India’s Strategic Considerations

Regional Security:

  • Islamic radicalization in Bangladesh could destabilize India’s eastern borders.
    • Anti-India rhetoric by radicals risks fostering domestic unrest in India.

Diplomatic Engagement:

  • India remains open to engaging with the interim government but must tread carefully to avoid legitimizing radical groups.

Legacy of Democracy:

  • Democracy’s successes in Bangladesh since 2008 indicate public resistance to radicalism.
    • Sustaining democratic norms aligns with India’s long-term regional goals.

Broader Implications

Geopolitical Trends:

  • The global shift toward legitimizing radical groups once they capture power undermines democratic norms.
    • A fragmented international order focuses on short-term stability rather than upholding accountability.

Religiophobia and Polarization:

  • Rising religiophobia highlights global intolerance trends.
    • Viewing radicalization purely through religious lenses risks deepening societal divides.


Insolvency and Bankruptcy Code (IBC):

  • Enacted in 2016 to resolve insolvencies in a time-bound manner and improve ease of doing business.
  • Aimed at addressing bad loans and bringing defaulters to book.

Relevance : GS 2(Governance), GS 3(Economy)

Practice Question:Critically analyze the challenges faced by India’s insolvency resolution framework under the IBC, 2016, and suggest measures for its effective implementation.(250 Words)

Current Challenges:

  • Institutional Burden on Tribunals:
    • National Company Law Tribunal (NCLT) and National Company Law Appellate Tribunal (NCLAT) handle cases under both the IBC and Companies Act.
    • Lack of resources and outdated structure have created bottlenecks.
  • Delays in Resolution:
    • Average time for insolvency resolution rose to 716 days in FY2023-24 (target: 330 days).
    • Judicial discretion in extending timelines has undermined the IBC’s effectiveness.
  • Capacity Constraints:
    • Inadequate domain knowledge among members to handle complex financial and legal cases.
    • Absence of a mechanism for urgent listing of cases.
    • Registry staff wield significant discretionary power over case listings.
  • Defiance of Supreme Court Orders:
    • Increasing disregard for judicial directives threatens institutional integrity.

Procedural Gaps:

  • Mandatory hearings for all applications, even when unnecessary, contribute to delays.
  • Limited adoption of alternative dispute resolution methods further strains the system.

Recommendations for Reform:

Enhance Institutional Capacity:

  • Introduce specialised benches for different case types, e.g., insolvency, mergers, and amalgamations.
  • Appoint members with relevant domain expertise alongside judicial experience.

Streamline Procedures:

  • Reduce mandatory hearings for routine applications.
  • Adopt procedural innovations such as pre-litigation mediation for insolvency cases.

Infrastructure and Staffing Improvements:

  • Ensure adequate courtrooms and permanent support staff for tribunals.
  • Invest in training programs for tribunal members and registry staff.

Strengthen Accountability:

  • Implement mechanisms to monitor adherence to Supreme Court orders and prescribed timelines.
  • Reduce discretionary powers of registry staff to improve transparency in case management.

Broader Perspective on Insolvency Resolution:

  • Move beyond debt recovery to focus on economic rejuvenation and attracting foreign investment.
  • Encourage out-of-court settlements to reduce the burden on tribunals.

The Jet Airways Case: Key Lessons

  • Highlighted institutional inefficiencies and procedural bottlenecks in insolvency resolution.
  • Reinforced the need for adherence to strict timelines and domain expertise in handling cases.

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